WORKING WITH DG ECHO AS AN INTERNATIONAL ORGANISATION | 2021 - 2027
SUSPENSION
The Organisation may decide to suspend the implementation of all or part of the Action if:
- exceptional or unforeseen circumstances beyond the control of the Organisation make such implementation impossible or excessively difficult, such as in cases of Force Majeure, or
- where the circumstances pose a threat to the safety and security of humanitarian workers or Final beneficiaries, or the inability to comply with the humanitarian principles.
DG ECHO may also notify the Organisation of the suspension of the implementation of the Agreement if exceptionally circumstances so require, including force majeure, or when such circumstances make the implementation excessively difficult or dangerous for the humanitarian workers and final beneficiaries.
In particular:
- when a relevant EU Decision identifying a violation of human rights has been adopted; or
- in case such as crisis entailing a change of EU policy.
PROCEDURE
The Organisation shall immediately inform DG ECHO and provide all the necessary details, including the measures taken to minimise any possible damage, and the foreseeable effect and date of resumption.
The parties shall minimise the duration of the suspension and shall resume the implementation once the conditions allow. The Organisation shall submit a modification request and adapt the Action to the new implementing conditions (including of extension of implementation period).
In case of suspension due to force majeure or if the Action is a multi-donor Action, the implementation period is automatically extended by an amount of time equivalent to the duration of the suspension.
EFFECTS OF THE SUSPENSION
During the suspension period, the Organisation shall be entitled to the reimbursement of the minimum costs, including new legal commitments, necessary for a possible resumption of the implementation of the Agreement or of the Action.
DG ECHO may suspend the implementation of the Agreement, fully or partly, if:
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- DG ECHO has proof that irregularities, fraud or breach of substantial obligations have been committed by the Organisation in the procedure of its selection, in its pillar assessment or in the implementation of the Action;
- DG ECHO has proof that irregularities, fraud or breach of obligations have occurred which call into question the reliability or effectiveness of the Organisation's Internal Control System or the legality and regularity of the underlying transactions;
- DG ECHO has proof that the Organisation has committed irregularities, fraud or breaches of obligations under other agreements funded by EU funds provided that those irregularities, fraud or breaches of obligations have a material impact on this Agreement;
- if the Commission considers that there is an incompatibility between the further implementation of the Action and compliance with humanitarian principles.
PROCEDURE
The DG ECHO shall formally notify the Organisation of its intention to suspend, giving the Organisation 10 days from the receipt of the notification for making observations.
If the Organisation does not submit observations, or if, after examination of the observations submitted by the Organisation, the DG ECHO decided to pursue the suspension, the DG ECHO may suspend all or part of the implementation of the Agreement serving 7 days’ prior notice.
EFFECTS OF THE SUSPENSION
Any expenditures or costs incurred by the Organisation during the suspension and related to the part of the Agreement suspended shall not be covered by the DG ECHO.
Following the suspension of the implementation of the Agreement, the DG ECHO may:
- terminate the Agreement in accordance with Article 13.2
- recover amounts unduly paid and/or
- resume the implementation of the Agreement.
In the latter case the parties will amend the Agreement where necessary.
REFERENCE & DOCUMENT
GENERAL CONDITIONS, ARTICLE 12 – SUSPENSION
